Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Savings Bank Life Insurance v. Wollin & Madick Insurance
Citations: 810 F. Supp. 2d 401; 2011 U.S. Dist. LEXIS 105038; 2011 WL 4336709Docket: Civil Action 11-11366-NMG
Court: District Court, D. Massachusetts; September 14, 2011; Federal District Court
The Savings Bank Life Insurance Company of Massachusetts (SBLI) initiated a lawsuit against Wollin and Madick Insurance Services, LLC (WMIS) and Kenneth Madick, alleging breach of contract across four counts. The case, originally filed in the Middlesex County Superior Court, was removed to the United States District Court for the District of Massachusetts by the defendants on federal question grounds. SBLI filed a motion to remand the case back to state court, arguing that the removal was untimely and requesting sanctions for what it termed a "frivolous removal," particularly highlighting an unambiguous forum selection clause. The defendants did not contest the remand motion. The Court ruled in favor of remanding the case to state court but denied the request for sanctions. The denial was based on the procedural failure of the plaintiff's request, which was included in the remand motion and did not comply with the separate motion requirement for sanctions under Rule 11. The Court's order granted the motion to remand while denying the sanctions request, leading to the remand of the action to state court.